Allows Sale of Firearms
The Supreme Court gave Second Amendment rights a win – and this time, the vote was unanimous. The ruling involved a former Border Patrol agent who was convicted of dealing marijuana.
According to the ruling in Henderson v. United States, “Tony Henderson was required as a condition of his bail to turn over firearms that he lawfully owned” pending the outcome of his case, Henderson later struck a plea deal with prosecutors. After serving six months in prison, Henderson sought to sell his firearm to a friend. The federal government refused, claiming that allowing the sale would amount to giving a felon possession of a firearm.
The Supreme Court did not buy the argument, saying in the ruling written by Justice Elena Kagan, who was nominated by Barack Obama, “The felon has nothing to do with his guns before, during, or after the transaction in question, except to nominate their recipient. Prior to the transfer, the guns sit in an evidence vault, under the sole custody of law enforcement officers. Assuming the court approves the proposed recipient, FBI agents handle the firearms’ physical conveyance, without the felon’s participation. Afterward, the purchaser or other custodian denies the felon any access to or influence over the guns; the recipient alone decides where to store them, when to loan them out, how to use them, and so on.”